The adoption of the “foreign agents” law in Georgia has become a critical issue, reflecting broader struggles over democratic governance, the autonomy of civil society and geopolitical direction in the post-Soviet region. Georgia is a parliamentary unitary republic in which the President, the Government, the Parliament, and the judiciary share powers reserved to the national government. In March 2023, two parallel bills have been submitted to the Parliament, namely “Transparency of Foreign Influence’’ and “Registration of Foreign Agents”. These two bills were withdrawn from the Georgian Parliament following protests in response to the legislative process. On 3 April 2024, the leader of the ruling Georgian Dream party, Mamuka Mdinaradze, announced the reintroduction of the Law on Transparency of Foreign Influence to the Parliament. The law requires non-governmental organisations (NGOs) and media companies that receive more than 20% of their funding from foreign sources to register as “organisations serving the interests of a foreign power”. Founded in 2012 by billionaire Bidzina Ivanishvili, the Georgian Dream Party, was formed as an alternative to the Georgian National Movement. Georgian Dream quickly gained widespread support and won the parliamentary elections that year, representing a major shift in the country’s political landscape.

Criticism from both the political and academic fields has raised concerns about the erosion of democratic freedoms in Georgia, arguing that this law mimics Russian legislation used to suppress dissidents and undermine independent civil society. In Russia, like in Georgia, the law on “foreign agents” requires NGOs that receive foreign funding and carry out what the government calls “political activities” to be registered as “foreign agents” and fines for violations as well as onerous disclosure requirements. Large-scale nationwide protests have broken out in response to this legislation, with people calling for the protection of democratic standards and transparency in the government (Lapa& Frosini, 2024). The controversy around the law highlights persistent conflict between Georgia’s ambitions for European integration and the influence of its neighbour, Russia. This is a turning point in the history of Georgia. The adoption of the law could bring the Caucasian country further under Moscow’s sphere of influence and further distant from Brussels.

The Venice Commission, formerly known as the European Commission for Democracy through Law, is a crucial advisory body of the Council of Europe that has raised concerns and called for the repeal of Georgia’s recently enacted Law on Transparency of Foreign Influence. The freedom of association, expression, privacy, and the right to take part in public affairs are among the essential democratic freedoms that the Commission claims are seriously jeopardised (Brzozowski, 2024). Numerous legal documents protect these principles, such as the European Union Charter of Fundamental Rights (2000) and the European Convention on Human Rights (1950).

This article will explore the scenario in which this situation has arisen, analysing the content of the law in question and the opinion of the Venice Commission and the European institutions on the matter.